Terms of Use

The contents of the Piedmont Choirs (dba Piedmont East Bay Children’s Choir) websites, which include, without limitation, text, sound, graphics, music, data, images, and web site appearances and design ("Contents"), are the property of the Piedmont Choirs and are protected by copyrights, trademarks, service marks, trade names, trade dress, patents and other proprietary rights and laws. In addition, the Contents are copyrighted as a collective work/compilation. The names, marks, logos and other identifications of Piedmont Choirs, Piedmont East Bay Children’s Choir and Golden Gate Festival, are the property of the Piedmont Choirs. All rights in and to the websites, their Contents and the Names are reserved, and no part of them may be used for any commercial purpose whatsoever without our prior express written approval for each use. You acknowledge that any use or reproduction of the Names or the Contents, except as expressly permitted herein, will cause irreparable damage and you consent to the entry of injunctive relief against such use.

The Contents are available for your own use, for non-commercial and educational purposes only. Such use is subject to additional restrictions or laws that govern individual files or programs. If you are permitted to use any part of the Contents, you must cite the author and source of the Contents along with the URL www.piedmontchoirs.org or www.goldengatefestival.org (whichever is appropriate) each time you do so. Except as set forth herein, you may not copy, publish, reproduce, transmit, frame, hyperlink, upload, post, or distribute in any way, or create derivative works from the Contents, in any form or in any medium. Modification of any of the Contents, use of any of the Contents for any other purpose, or use of any of the Contents on any other website or networked computer environment is prohibited and is a violation of proprietary rights of the Piedmont Choirs.

Disclaimers
THE CONTENTS ARE PROVIDED WITHOUT WARRANTY THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. THERE IS NO WARRANTY OF ANY KIND AS TO THE RESULTS OBTAINED, OR THE ACCURACY OR RELIABILITY, VALIDITY, OR COMPLETENESS OF ANY INFORMATION OBTAINED. ANY DOWNLOADING OF ANY CONTENTS IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA WHICH MAY RESULT FROM SUCH DOWNLOAD.

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITES OR IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITES OR THE SERVER(S) THAT MAKE THE WEB SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS. NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT THE CHOIRS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SUCH EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability
YOU EXPRESSLY AGREE THAT THE PIEDMONT CHOIRS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, FOR ANY LOSS OR DAMAGE WHATSOEVER, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, ACTUAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, ARISING OUT OF THE USE OF OR INABILITY TO USE THE CHOIRS’ WEBSITES OR THE CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. BY USING THE CHOIRS’ WEBSITES, YOU WAIVE ANY CLAIMS YOU MAY HAVE AGAINST THE CHOIRS WHICH MAY RESULT FROM YOUR USE OR INABILITY TO USE THE SITES. IF YOU ARE DISSATISFIED WITH THESE WEBSITES OR THE CONTENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. BECAUSE APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE EXCLUSION THEREOF MAY NOT APPLY TO YOU, BUT WILL, IN ANY EVENT, APPLY TO THE MAXIMUM EXTENT PERMISSIBLE, AND, IN NO EVENT SHALL THE PIEDMONT CHOIRS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE WEB SITES.

Indemnification
You agree, at your sole cost and expense, to indemnify, defend, and hold harmless the Piedmont Choirs jointly and severally, their officers, directors, employees, agents, affiliates, and subsidiaries, from and against any and all claims, demands, judgments, losses, deficiencies, damages, liabilities, costs, and expenses (including attorneys' fees, costs of settlement, and costs of litigation or mediation) incurred in connection with, or arising out of, your violation or alleged violation of these Terms of Use or the law of any jurisdiction or in connection with your use or inability to use the Choirs’ websites or any product or service related thereto.

Your Account
When you register as a user of the Choir’s websites, you will create a unique user name and password. You are responsible for maintaining the confidentiality of them and will be responsible for all activities that occur under your user name and password. Please notify us immediately if you suspect unauthorized use or a breach of security of your username or password or otherwise with respect to the web sites at notes@piedmontchoirs.org.

You agree not to post or in any other way publish or distribute on the Choirs’ websites any material that is defamatory, pornographic, libelous, obscene, abusive, or otherwise illegal. You will not threaten or verbally abuse other users, or use language that is abusive or defamatory, post “spam,” or do anything else that disrupts discussions. Offensive language, or language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc., is not acceptable. Hate speech of any kind is grounds for immediate and permanent suspension of access to the user-content areas of the Choirs’ websites. While not responsible for the content of posts and comments posted by users, Piedmont Choirs reserves the right to delete, move, or edit any content that, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

Other
These Terms of Use, and all relations between you and the Piedmont Choirs, shall be governed by and construed in accordance with the laws of the State of California without giving effect to its conflict of law provisions. You agree that any controversy, claim or action at law or equity arising out of or relating to these Terms of Use or your use of the Choirs’ websites or any of the Contents shall be resolved only in a state or federal court in Alameda County, California, and you hereby consent and submit to the personal jurisdiction, venue, and forum exclusivity of such courts.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision is and shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. To the extent anything in or associated with the Choirs websites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence and control. The Choirs’ failure to enforce any provision of this Agreement against you or anyone else is not and shall not be deemed a waiver of such provision nor of the right to enforce such provision against you.

You further agree that regardless of any law or statute to the contrary, any controversy, claim, or cause of action arising out of or relating to the Choirs’ web sites and/or these Terms of Use must be filed within one (1) year of the date the controversy, claim, or cause of action arose or be forever barred as untimely.

These Terms of Use constitute the entire Agreement between Piedmont Choirs and you relating to the subject matters herein and shall not be modified except as provided herein or in a writing signed by you and the Piedmont Choirs.

By entering the websites mentioned, you are agreeing to be bound by all applicable laws and have entered into a binding contract with us containing the Terms of Use set forth herein.

"I never expected competing to be so much fun. The whole time I felt so calm and focused. We really did our best."